When someone’s negligence causes such devastating harm, pursuing compensation becomes more than a legal matter—it becomes a critical step toward reclaiming a sense of stability and dignity. However, securing that compensation under Missouri’s personal injury laws comes with significant challenges.
At The McCallister Law Firm in Kansas City, Missouri, we’ve seen firsthand the life-altering impact a spinal cord injury can have on victims and their families. These injuries often lead to lifelong medical challenges, permanent disability, and financial burdens that can be overwhelming.
Medical Evidence Is Crucial and Often Disputed
One of the most pressing hurdles we face when handling spinal cord injury cases is establishing solid medical evidence. The damage to the spinal cord can vary from partial to complete paralysis, and even minor differences in diagnosis can drastically change the value of a personal injury claim.
Insurance companies and defense attorneys regularly dispute the severity and permanence of the injury. They may argue that symptoms are exaggerated, caused by a pre-existing condition, or not directly related to the accident.
We work closely with neurologists, orthopedic surgeons, and other specialists to present clear, evidence-based documentation that connects the injury to the event in question. Without thorough medical testimony, it’s easy for opposing parties to weaken a case and reduce potential compensation.
Missouri’s Comparative Fault Rules Can Lower Recovery
Missouri follows a pure comparative fault system, meaning that if the injured party is found even partially at fault for the incident, their compensation can be reduced accordingly.
In spinal cord injury cases, defense attorneys often attempt to shift some of the blame onto our clients. For example, if the injury occurred in a car accident, they might argue that the victim wasn’t wearing a seatbelt or was driving distracted.
Even if the victim was only 10% responsible, that percentage would be deducted from any awarded damages. In personal injury law, we must anticipate these claims and gather evidence that firmly places liability on the responsible party.
High Costs of Long-Term Care Drive Up Damages
Spinal cord injuries typically involve long-term or even lifelong care, which makes these personal injury claims some of the most expensive to litigate. The costs include ongoing rehabilitation, in-home medical support, specialized equipment, and lost wages.
Because of these expenses, insurers are especially aggressive in defending against high-dollar claims. They may push back against each item in a life care plan or argue that some of the projected costs are unnecessary or inflated.
We collaborate with life care planners and vocational experts who can project long-term needs and losses based on sound, data-driven estimates. This work is essential for demonstrating the true impact of the injury over time.
Emotional and Psychological Harm Is Often Undervalued
Another barrier we frequently encounter is the difficulty of quantifying non-economic damages such as pain, suffering, and emotional trauma. Many spinal cord injury victims struggle with depression, anxiety, and the loss of independence, yet defense attorneys often argue these are subjective or unprovable.
In Missouri personal injury law, we must make a compelling case that these intangible losses deserve just as much consideration as financial damages.
We often rely on testimony from psychologists, social workers, and the victim’s family to show how the injury has disrupted every aspect of daily life.
Product Liability Adds Extra Layers of Difficulty
In some spinal cord injury cases, the cause isn't another individual but a defective product, such as a faulty car seat, a malfunctioning bike helmet, or a poorly designed scaffold. These product liability claims intersect with personal injury law and introduce a separate set of challenges.
Missouri requires plaintiffs to prove that the product was unreasonably dangerous due to a design defect, manufacturing error, or inadequate warnings. Manufacturers often have vast resources to defend against such claims and will argue that the product was misused or that the injury resulted from user error.
At The McCallister Law Firm, we investigate product design documents, maintenance records, and industry standards to build a credible and persuasive argument against these manufacturers.
Insurance Companies Use Delay Tactics
Insurers handling spinal cord injury claims frequently use delay as a weapon. They may request repeated documentation, slow down communications, or push for unnecessary evaluations in hopes that the injured party will accept a low settlement out of desperation. These tactics can prolong financial stress and create pressure.
We counter these moves by keeping detailed records, following up consistently, and applying pressure through legal filings when necessary. Missouri courts do allow for bad faith claims if insurers act unfairly, and we won’t hesitate to take that route if a client is being treated unjustly.
Proving Future Damages Is Often Contentious
One of the most important elements in a spinal cord injury claim under personal injury law is the need to prove future damages. This includes the cost of future surgeries, adaptive housing, therapy, and years—or even decades—of lost earnings.
Opposing counsel often challenges these estimates by claiming they are speculative or based on faulty projections.
We respond by consulting economists, rehabilitation therapists, and other professionals to build a forward-looking model based on clear data. These forecasts are critical for securing fair compensation that accounts for the true scope of long-term loss.
Jury Misconceptions About Spinal Cord Injuries
Juries don’t always understand the severity or permanence of spinal cord injuries. They may believe that medical advances will fully heal the injury or that the victim will somehow adapt with time.
These misconceptions can lead to reduced awards. We counter this by using demonstrative evidence like anatomical models, video testimony, and day-in-the-life presentations that show the daily challenges our clients endure.
Educating the jury is just as important as presenting the facts. When they understand what life looks like post-injury, they’re more likely to award damages that reflect the real cost of suffering and loss.
List of Major Challenges in Spinal Cord Injury Cases
Understanding the major challenges in spinal cord injury cases can help those affected better know their options. Some examples are:
Proving a direct link between the accident and spinal cord damage
Battling comparative fault claims under Missouri law
Securing high-value compensation for long-term medical care
Demonstrating the emotional and psychological toll
Managing product liability claims when defective goods are involved
Fighting delay tactics used by insurance companies
Accurately projecting future damages and costs
Overcoming jury misconceptions and biases
Each of these obstacles can make it more difficult for spinal cord injury victims to get the justice they deserve. But with the right legal strategy and preparation, we can fight to overcome them.
Wrongful Death Claims from Spinal Injuries
Tragically, some spinal cord injuries result in death. In Missouri, when this happens due to someone else’s negligence, surviving family members may file a wrongful death claim. These are governed by separate statutes and allow compensation for funeral expenses, lost companionship, and future income the deceased would have provided.
These cases carry even more emotional weight and demand a thorough, compassionate approach. We work closely with families to gather personal stories, financial documentation, and expert testimony to present a full picture of what’s been lost.
Settlement Versus Trial Strategy
Because of the high stakes involved in spinal cord injury cases, many defendants prefer to settle before trial. However, not all settlements are fair. We evaluate every offer based on our client’s long-term needs and advise whether continuing to trial is in their best interest.
If an insurance company refuses to be reasonable, we are fully prepared to bring the case to court. Our litigation experience in Missouri personal injury law gives us the confidence to challenge even the most well-funded defense.
Reach Out to Our Firm
If you or a loved one has suffered a spinal cord injury and needs legal guidance under Missouri’s personal injury laws, we’re here to help. Let us evaluate your case and help you take the next step toward financial and emotional recovery. We’re proud to serve Kansas City, Missouri, and the surrounding areas. Call Brian F. McCallister today.
